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99 1� 8921
<br /> at its option and without prior notice or demand shall have the right to declare the indebtedness secured by the
<br /> Security Instrument, inespective of the maturity date specified in the Note or notes secured by the Security Instrument,
<br /> immediately due and payable. Trustee, upon presentation to it of an affidavit signed by Lender setting forth facts
<br /> showing a default by Bonower under this paragraph, is authorized to accept as true and conclusive all facts and
<br /> statements therein, and to act thereon hereunder.
<br /> 29. Ti� is of the Fssence. Time is of the essence in the performance of each provision of this Security
<br /> Instrument.
<br /> 30. Waiver of Statute of Limitations. The pleading of the statute of limitations as a defense to enforcement of
<br /> this Security Instrument, or any and all obligations referred to herein or secured hereby, is hereby waived to the fullest
<br /> extent permitted by law.
<br /> 31. Modification. This Security Instrument may be modified or amended only by an agreement in writing signed
<br /> by Borrower and Lender.
<br /> 32. Captions. The captions and headings at the beginning of each paragraph of this Security Instrument are for
<br /> the convenience of reference only and will not be used in the interpretation of any provision of this Security
<br /> Instrument.
<br /> 33. Construcrion of the Security Instrument. Bonower and Lender agree that this Security Instrument shall be
<br /> interpreted in a fair,equal, and neutral manner as to each of the parties, and in the event of any ambiguity herein, no
<br /> inference shall be drawn against a party by reason of document preparation.
<br /> 34. Miscellaneous. The terms "include"or "including,"when used in this Security Instrument, shall mean without
<br /> limitation by reason of enumeration. In this Security Instrument, whenever the context so requires, the masculine
<br /> gender includes the feminine and/or neuter, and the singulaz number includes the plural.
<br /> 35. Reimbursement. To the extent permitted by applicable law,Borrower shall reimburse Trustee and Lender for
<br /> any and all costs, fees and expenses which either may incur, expend or sustain in the execution of the trust created
<br /> hereunder or in the performance of any act required or permitted hereunder or by law or in equity or otherwise arising
<br /> out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument
<br /> or any other instrument executed by Borrower in connection with the Note or Security Instrument. To the extent
<br /> permitted by applicable law, Bonower shall pay to Trustee and Lender their fees in connection with Trustee and
<br /> Lender providing documents or services arising out of or in connection with this Security Instrument, the Note, any
<br /> other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the
<br /> Note or Security Instrument.
<br /> 36. Clerical F.rror. In the event Lender at any time discovers that the Note, any other note secured by this Security
<br /> Instrument, the Security Instrument, or any other document or instrument executed in connection with the Security
<br /> Instrument, the Note or any other note secured by this Security Instrument contains an error that was caused by a
<br /> clerical mistake, calculation error, computer malfunction, printing error or similaz error, Borrower agrees, upon notice
<br /> from Lender, to reexecute any documents that are necessary to correct any such error(s). Borrower further agrees that
<br /> Lender will not be liable to Borrower for any damages incurred by Borrower that are directly or indirectly caused by
<br /> any such error.
<br /> 37. Lost, Stolen, Destroyed or Mutilated Security Instrument and Other pocuments. In the event of the loss,theft
<br /> or destruction of the Note, any other note secured by this Security Instrument, the Security Instrument or any other
<br /> documents or instruments executed in connection with the Security Instrument, Note or notes (collectively, the "Loan
<br /> Documents"), upon Borrower's receipt of an indemnification executed in favor of Borrower by Lender, or, in the event
<br /> of the mutilation of any of the Loan Documents, upon Lender's surrender to Borrower of the mutilated Loan
<br /> Document, Bonower shall execute and deliver to Lender a Loan Document in form and content identical to, and to
<br /> serve as a replacement of, the lost, stolen, destroyed, or mutilated Loan Document and such replacement shall have
<br /> the same force in effect as the lost, stolen, destroyed, or mutilated Loan Documents, and may be treated for all
<br /> purposes as the original copy of such Loan Document.
<br /> 38. Assignment of Reuts. As additional security hereunder, Borrower hereby assigns to Lende: the rents of the
<br /> Property, with or without taking possession of the Property. Borrower shall have the right to collect and retain the
<br /> rents of the Property as they become due and payable provided Lender has not exercised its rights to require immediate
<br /> payment in full of the sums secured by this Security Instrument and Bonower has not abandoned the Property.
<br /> 39. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering
<br /> any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may
<br /> require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies
<br /> permitted by paragraph 21 of this Security Instrument.
<br /> � If this box is checked, the following pazagraph 40 is agreed to by Borrower:
<br /> 40. Owner-Occupancy of Security Property. As an inducement for Lender to make the loan secured by the
<br /> Security Instrument, Bonower has represented to Lender that the Property will be occupied by Borrower within sixty
<br /> (60) days following recordation of the Security Instrument and during the twelve (12) month period immediately
<br /> following recordation of the Security Instrument as Borrower's primary residence. Borrower acknowledges (a) that
<br /> Lender would not have agreed to make the loan evidenced by the Note or notes secured by this Security Instrument
<br /> if the Property were not to be owner-occupied, and (b) that th� interest rate set forth on the face of the Note and
<br /> other terms of the loan were determined as a result of Borrower's representation that the Property would be owner-
<br /> occupied. Borrower further acknowledges that, among other things (i) purchasers of loans (including agencies,
<br /> associations and corporations created by the federal and state governments for the purchase of loans) typically require
<br /> that properties securing loans acquired by such purchasers be owner-occupied, and will reject for purchase loans for
<br /> which security properties are not owner-occupied, (ii) Lender's ability to sell a loan or an interest in a loan (which
<br /> I
<br /> it often does in the ordinary course of business) will thereby be impaired where a security property is not owner-
<br /> occupied, (iii) the risks involved and the costs of holding and administering a loan are often higher in the case of a
<br /> loan in which the security property is not owner-occupied, and (iv) if and when Lender makes a loan on the security
<br /> of non-owner occupied property, Lender typically makes such a loan on terms different from those of loans secured
<br /> NEBRASKA ARM PROGRAMS (REV. 03/97)
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